RAMANAND SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. HOME SECTT. LKO.
/9566/2025 · 2025-10-13
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 203670 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 203670 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9566 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard learned counsel for the applicant as well as learned A.G.A for the State. 2. Learned counsel for the applicant submits that in the incident took place in the year 2002. The applicant is presently 60 years of age and he has fully co- operated in the investigation. The chargesheet was filed on 31.10.2002. The applicant filed writ petition No. 3080 (M/B) of 2002 titled as Khem Karan and another versus State of U.P and others, wherein the division bench of this court has stayed the arrest of the applicant. 3. He further submits that the applicant, at the time of the alleged offence, was posted as a daily wage chaukidar. The Division Bench, while granting the arrest stay, has recorded a categorical finding dated 03.06.2002, to the effect that the F.I.R shows that it is a case of breach of government directions regarding procurement of food grains and there was no occasion to lodge the F.I.R and it is a fit case for conducting disciplinary proceedings. 4. He further submits that the applicant has no criminal antecedents and is languishing in jail since 19.09.2025. There is no possibility of the applicant fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. Considering the arguments advanced by learned counsel for the parties, the fact that the offences are triable by Magistrate, the applicant has no previous criminal antecedents and is languishing in jail since 19.09.2025, also looking to the age of the applicant i.e. 60 years, this Court finds it to be a fit case for Versus Counsel for Applicant(s) : O.P. Tiwari Counsel for Opposite Party(s) : G.A. Ramanand Shukla .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Sectt. Lko. .....Opposite Party(s)
granting bail to the applicant. 7. Accordingly, the bail application is allowed. 8.
Let the applicant Ramanand Shukla involved in Case Crime/FIR No. 159 of 2002, Under Sections- 419, 420, 467, 468, 471 I.P.C, Police Station- Biswan, District- Sitapur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). 9. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. October 13, 2025 DiVYa BAIL No. 9566 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench